The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Despite the fact that the Defendant had physical and mental weaknessd under the influence of alcohol at the time of committing the instant crime, the lower court erred by failing to reduce the physical and mental weakness.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, although the Defendant appears to drink at the time of the instant crime, in light of all the circumstances such as the details and methods of the crime, and the circumstances before and after the instant crime, the Defendant was in a mental and physical weak condition.

Therefore, the court below's failure to reduce the physical and mental weakness is justified.

The defendant's mental and physical weak argument is without merit.

B. As to the wrongful assertion of sentencing [unfair circumstances] The crime of this case is intended to extinguish the above commercial building by attaching it to the vinyl tent prior to the store of the 1st floor refined land in a conventional market.

In light of the fact that the Defendant committed the instant crime without any special reason or motive, which was committed by the fire officers who received a report of 119 and dispatched, would have been likely to cause serious damage to human life or property damage, and that the Defendant was likely to commit the instant crime without any specific reason or motive, and that the Defendant’s plannedity is peeped, such as using color flabing cap and wearing a white horse on the face at the time of the instant crime, etc., the nature of the instant crime is very good.

On October 18, 2012, the Defendant committed the instant crime under the condition that 2 years have not elapsed since the period of probation was expired, despite the fact that the Defendant had been sentenced to two years of probation and 80 hours of community service order in the Seoul Eastern District Court for the crime of bodily injury.

[The favorable circumstances] Even though the fire officers dispatched after receiving the 119 report, the crime of this case was committed in attempted crimes.

The defendant's above-mentioned points at the court below.